Case: East Texas Baptist University v. Sebelius

4:12-cv-03009 | U.S. District Court for the Southern District of Texas

Filed Date: Oct. 9, 2012

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Case Summary

This is one of many lawsuits brought challenging the Obama administration's 2012 Health and Human Services (HHS) mandate requiring employers to pay for employees' contraception and abortifacients via medical insurance coverage. Many religious hospitals, charities, universities, and other enterprises owned or controlled by religious organizations and individuals who opposed contraception on moral grounds argued the mandate violated their religious beliefs. For a full list of these cases please s…

On October 9, 2012, two Baptist universities filed this lawsuit in the U.S. District Court for the Southern District of Texas. They alleged violations of their rights under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedure Act ("APA") (5 U.S.C. §§ 551 et seq.) by the U.S. Departments of Health and Human Services, Labor, and the Treasury. The plaintiffs, represented by private counsel and the Becket Fund for Religious Liberty, asked the court for declaratory and injunctive relief, alleging that federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act (ACA) violated their religious freedom and free speech rights by requiring them to provide coverage for contraception through their group health insurance plans. Claiming that providing contraceptive coverage would both defy their Baptist faith and compel speech contrary to their beliefs, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other organizations with similar religious objections.

On March 8, 2013, Westminster Theological Seminary filed a motion to intervene, and the court allowed intervention. On December 27, 2013, the District Court (Judge Lee H. Rosenthal) granted partial summary judgment to the plaintiffs on their RFRA claim and preliminarily enjoined the government from enforcing the ACA contraception insurance mandate against the plaintiffs. 988 F.Supp.2d 743.

On February 24, 2014, the government appealed the case to the Fifth Circuit. On April 28, 2014, the Fifth Circuit consolidated this case with University of Texas v. Sebelius and Roman Catholic Diocese of Beaumont v. Sebelius. On January 19, 2015, the Fifth Circuit denied the plaintiffs’ request for hearing en banc. On June 22, 2015, the Fifth Circuit (Judge Jerry E. Smith) reversed the relevant district court holdings that the requirement to notify the government of their religious objection to the contraceptive services mandate violated RFRA. 793 F.3d 449. On July 2, 2015, the court denied the request of plaintiff Westminster Theological Seminary to stay the mandate or rehear the case. On September 30, 2015, the court denied the plaintiffs’ request for rehearing en banc, but granted the plaintiffs’ motion to stay on October 7, 2015, pending filing of a petition for writ of certiorari. 807 F.3d 630.

On November 6, 2015, the Supreme Court granted certiorari in this case to consider whether notifying the federal government by signing a form identifying the employer as a religious nonprofit that objects to the contraceptive services mandate (so that the government can work with the insurer or benefits provider to ensure employees have contraceptive coverage) violated the Religious Freedom Restoration Act, or constituted the least restrictive means of achieving a compelling government interest. This case was consolidated with six other cases dealing with this issue. Together, the cases are known as Zubik v. Burwell.

This case was argued in the Supreme Court on March 23, 2016. On March 29, 2016, in an unusual move, the Court directed the parties to file supplemental briefs suggesting a solution to their disagreement, in which employees could still receive contraception coverage without employers giving any notice to the government. On May 16, 2016, the Court issued a per curiam order remanding all seven cases to their respective courts of appeals, ordering the lower courts to give the parties time to come to agreement on an approach that that "accommodates petitioners’ religious exercise while at the same time ensuring that women covered by petitioners’ health plans 'receive full and equal health coverage, including contraceptive coverage.'" 578 U.S. 403. The Court took no position on the merits of this case.

Back in the Fifth Circuit, the parties submitted a series of status reports indicating they had entered into settlement negotiations with the new Trump administration. On Oct. 16, 2017, the parties filed a joint motion to voluntarily dismiss the appeal, which the court granted on Oct. 19. Despite granting the joint motion, the parties continued to submit a series of status reports through 2018. On January 2, 2019, Secretary Azar filed an unopposed motion to dismiss the appeal. It was granted by the Court the following day.

On January 10, 2019, the plaintiffs filed an unopposed motion to lift the case’s stay and to amend the December 2013 order that enjoined the government from requiring them to cover certain contraceptives under the Affordable Care Act. They wanted the Court to clarify that the injunction applied to the current and ensuing versions of the regulations at issue and that it applied only to the extent that the regulations would require Plaintiffs to violate their beliefs.

This motion was prompted by developments regarding the regulations at issue. In late 2017, the government issued Interim Final Rules (IFR) revising its stance on the accommodation granted to religious employers regarding contraception. Two courts have since issued nationwide preliminary injunctions against the expanded religious exemption under the APA: Pennsylvania v. Trump, 2017 WL 6398465 (E.D. Pa. Dec. 15, 2017); California v. HHS, 2017 WL 6524627 (N.D. Cal. Dec. 21, 2017).

To avoid creating confusion or conflicting obligations, the Court deferred ruling on the plaintiffs’ motion, pending developments in the Eastern District of Pennsylvania and the Third Circuit. On August 2, 2019, the Court denied the plaintiffs' motion without prejudice, which would give the plaintiffs the opportunity to renew their motion as long as they could explain the impact of any opinions from several identified, related cases. As of May 14, 2020, there has been no docket activity subsequent to this order.

	Document
4:12-cv-03009	Docket	Aug. 2, 2019	Aug. 2, 2019 Docket
1 4:12-cv-03009	Complaint	Oct. 9, 2012	Oct. 9, 2012 Pleading / Motion / Brief
69 4:12-cv-03009	Plaintiffs' Combined Motion for Partial Summary Judgment and Preliminary Injunction	Aug. 30, 2013	Aug. 30, 2013 Pleading / Motion / Brief
70 4:12-cv-03009	Plaintiffs' Memorandum in Support of Motion for Partial Summary Judgment and Preliminary Injunction	Aug. 30, 2013	Aug. 30, 2013 Pleading / Motion / Brief
75 4:12-cv-03009	Weminster Theological Seminary's Motion for Partial Summary Judgmen and Preliminary Injunction	Sept. 9, 2013	Sept. 9, 2013 Pleading / Motion / Brief
78 4:12-cv-03009	Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment	Sept. 20, 2013	Sept. 20, 2013 Pleading / Motion / Brief
79 4:12-cv-03009	Defendants' Memorandum in Opposition to Plaintiffs' Motions for Preliminary Injunction, and in Support of Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment	Sept. 20, 2013	Sept. 20, 2013 Pleading / Motion / Brief
86 4:12-cv-03009	Defendants' Motion for a Stay of Litigations Schedule in Light of Lapse of Appropriations	Oct. 1, 2013	Oct. 1, 2013 Pleading / Motion / Brief
89 4:12-cv-03009	Order	Oct. 3, 2013	Oct. 3, 2013 Order/Opinion
97 4:12-cv-03009	Plaintiff Universities' Combined Opposition to Defendants' Motion to Dismiss or for Summary Judgment and Reply in Support of Plaintiffs' Motion for Prelimiary Injunction and Partial Summary Judgment	Oct. 17, 2013	Oct. 17, 2013 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (Filing fee $ 350 receipt number 0541-10426125) filed by Houston Baptist University, East Texas Baptist University. (Attachments: # 1 Civil Cover Sheet)(Rassbach, Eric) (Entered: 10/09/2012) 1 Civil Cover Sheet View on PACER	Oct. 9, 2012	Oct. 9, 2012 PACER
2	MOTION for Eric Rassbach to Appear Pro Hac Vice by East Texas Baptist University, Houston Baptist University, filed. Motion Docket Date 10/30/2012. (Rassbach, Eric) (Entered: 10/09/2012)	Oct. 9, 2012	Oct. 9, 2012 PACER
3	MOTION for Eric Baxter to Appear Pro Hac Vice by East Texas Baptist University, Houston Baptist University, filed. Motion Docket Date 10/30/2012. (Rassbach, Eric) (Entered: 10/09/2012)	Oct. 9, 2012	Oct. 9, 2012 PACER
4	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/20/2012 at 08:45 AM in Courtroom 11B before Judge Lee H Rosenthal(Signed by Judge Lee H Rosenthal) Parties notified.(mlothmann) (Entered: 10/10/2012)	Oct. 10, 2012	Oct. 10, 2012 PACER
5	ORDER granting 2 Motion for Eric Rassbach to Appear Pro Hac Vice.(Signed by Judge Lee H Rosenthal) Parties notified.(sbyrum, ) (Entered: 10/15/2012)	Oct. 13, 2012	Oct. 13, 2012 PACER
6	ORDER granting 3 Motion for Eric Baxter to Appear Pro Hac Vice.(Signed by Judge Lee H Rosenthal) Parties notified.(sbyrum, ) (Entered: 10/15/2012)	Oct. 13, 2012	Oct. 13, 2012 PACER
	Summons Issued as to Kathleen Sebelius, U.S. Attorney and U.S. Attorney General, filed.(wbostic, )	Oct. 16, 2012	Oct. 16, 2012 PACER
	Summons Issued as to Department of Treasury, U.S. Attorney and U.S. Attorney General, filed.(wbostic, )	Oct. 16, 2012	Oct. 16, 2012 PACER
	Summons Issued as to Hilda L. Solis, U.S. Attorney and U.S. Attorney General, filed.(wbostic, )	Oct. 16, 2012	Oct. 16, 2012 PACER
	Summons Issued as to Timothy Geithner, U.S. Attorney and U.S. Attorney General, filed.(wbostic, )	Oct. 16, 2012	Oct. 16, 2012 PACER
	Summons Issued as to Department Of Labor, U.S. Attorney and U.S. Attorney General, filed.(wbostic, )	Oct. 16, 2012	Oct. 16, 2012 PACER
	Summons Issued as to Department Of Health And Human Services, U.S. Attorney and U.S. Attorney General, filed.(wbostic, )	Oct. 16, 2012	Oct. 16, 2012 PACER
	(Disregard Docket Entry) Summons Issued as to Department Of Health And Human Services, filed.(wbostic, ) Modified on 10/16/2012 (wbostic, ).	Oct. 16, 2012	Oct. 16, 2012 PACER
7	RETURN of Service of SUMMONS Executed as to Kathleen Sebelius served on 10/31/2012, answer due 12/31/2012, filed.(Rassbach, Eric) (Entered: 11/28/2012)	Nov. 28, 2012	Nov. 28, 2012 PACER
8	RETURN of Service of SUMMONS Executed as to Department Of Health And Human Services served on 10/31/2012, answer due 12/31/2012, filed.(Rassbach, Eric) (Entered: 11/28/2012)	Nov. 28, 2012	Nov. 28, 2012 PACER
9	RETURN of Service of SUMMONS Executed as to Hilda L. Solis served on 10/31/2012, answer due 12/31/2012, filed.(Rassbach, Eric) (Entered: 11/28/2012)	Nov. 28, 2012	Nov. 28, 2012 PACER
10	RETURN of Service of SUMMONS Executed as to Department Of Labor served on 10/31/2012, answer due 12/31/2012, filed.(Rassbach, Eric) (Entered: 11/28/2012)	Nov. 28, 2012	Nov. 28, 2012 PACER
11	RETURN of Service of SUMMONS Executed as to Timothy Geithner served on 10/31/2012, answer due 12/31/2012, filed.(Rassbach, Eric) (Entered: 11/28/2012)	Nov. 28, 2012	Nov. 28, 2012 PACER
12	RETURN of Service of SUMMONS Executed as to Department of Treasury served on 10/31/2012, answer due 12/31/2012, filed.(Rassbach, Eric) (Entered: 11/28/2012)	Nov. 28, 2012	Nov. 28, 2012 PACER
13	RETURN of Service Executed as to U.S. Attorney on 10/29/2012 re: Summonses, Complaint, Notice of Related Cases, filed.(Rassbach, Eric) (Entered: 11/28/2012)	Nov. 28, 2012	Nov. 28, 2012 PACER
14	RETURN of Service Executed as to U.S. Attorney General on 10/31/2012 re: Summonses, Complaint, Notice of Related Cases, filed.(Rassbach, Eric) (Entered: 11/28/2012)	Nov. 28, 2012	Nov. 28, 2012 PACER
15	CERTIFICATE OF INTERESTED PARTIES by East Texas Baptist University, Houston Baptist University, filed.(Rassbach, Eric) (Entered: 11/30/2012)	Nov. 30, 2012	Nov. 30, 2012 PACER
16	CERTIFICATE OF SERVICE by East Texas Baptist University, Houston Baptist University, filed.(Rassbach, Eric) (Entered: 11/30/2012)	Nov. 30, 2012	Nov. 30, 2012 PACER
17	NOTICE by East Texas Baptist University, Houston Baptist University, filed. (Rassbach, Eric) (Entered: 11/30/2012)	Nov. 30, 2012	Nov. 30, 2012 PACER
18	Opposed MOTION for Continuance of Initial Pretrial and Scheduling Conference by Department Of Health And Human Services, Department Of Labor, Department of Treasury, Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, filed. Motion Docket Date 12/26/2012. (Attachments: # 1 Proposed Order)(Pruski, Jacek) (Entered: 12/05/2012) 1 Proposed Order View on PACER	Dec. 5, 2012	Dec. 5, 2012 PACER
19	RESPONSE in Opposition to 18 Opposed MOTION for Continuance of Initial Pretrial and Scheduling Conference, filed by East Texas Baptist University, Houston Baptist University. (Rassbach, Eric) (Entered: 12/05/2012)	Dec. 5, 2012	Dec. 5, 2012 PACER
20	PROPOSED ORDER re: 19 Response in Opposition to Motion, filed.(Rassbach, Eric) (Entered: 12/06/2012)	Dec. 6, 2012	Dec. 6, 2012 PACER
21	REPLY in Support of 18 Opposed MOTION for Continuance of Initial Pretrial and Scheduling Conference, filed by Department Of Health And Human Services, Department Of Labor, Department of Treasury, Timothy Geithner, Kathleen Sebelius, Hilda L. Solis. (Pruski, Jacek) (Entered: 12/06/2012)	Dec. 6, 2012	Dec. 6, 2012 PACER
22	ORDER entered DENYING 18 Opposed MOTION for Continuance of Initial Pretrial and Scheduling Conference. The conference will proceed on 12/20/12 as scheduled. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, ) (Entered: 12/06/2012)	Dec. 6, 2012	Dec. 6, 2012 RECAP
23	REPORT of Rule 26(f) Planning Meeting by Department Of Health And Human Services, Department Of Labor, Department of Treasury, East Texas Baptist University, Timothy Geithner, Houston Baptist University, Kathleen Sebelius, Hilda L. Solis, filed.(Rassbach, Eric) (Entered: 12/10/2012)	Dec. 10, 2012	Dec. 10, 2012 PACER
24	Opposed MOTION to Stay Discovery Pending Resolution of Motion to Dismiss by Department Of Health And Human Services, Department Of Labor, Department of Treasury, Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, filed. Motion Docket Date 1/2/2013. (Attachments: # 1 Exhibit Order Staying Discovery in Ave Maria, # 2 Proposed Order)(Pruski, Jacek) (Entered: 12/12/2012) 1 Exhibit Order Staying Discovery in Ave Maria View on PACER 2 Proposed Order View on PACER	Dec. 12, 2012	Dec. 12, 2012 PACER
25	Minute Entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on December 20, 2012. After hearing from both parties, and for the reasons stated on the record, the court ordered that the case is stayed. During the stay, the parties are required to submit status reports that are no longer than three pages every 60 days. A status conference is set for April 1, 2013 at 9:30 a.m. Appearances:Eric Rassbach for Pltfs. and Jacek Pruski/Daniel Hu for Defts. (Court Reporter: C. Barron), filed.(leddins, ) (Entered: 12/21/2012)	Dec. 20, 2012	Dec. 20, 2012 PACER
26	AO 435 TRANSCRIPT ORDER FORM by Diana Verm. This is to order a transcript of Scheduling Conference held on 12/20/2012 before Judge Lee H Rosenthal. Deposit amount $90.00. Court Reporter/Transcriber: C. Barron, filed. (bthomas, ) (Entered: 01/14/2013)	Jan. 14, 2013	Jan. 14, 2013 PACER
27	TRANSCRIPT re: Scheduling Conference held on 12-20-2012 before Judge Lee H Rosenthal. Court Reporter/Transcriber cbarron. Release of Transcript Restriction set for 4/30/2013., filed. (cbarron, ) (Entered: 01/30/2013)	Jan. 30, 2013	Jan. 30, 2013 PACER
28	Notice of Filing of Official Transcript as to 27 Transcript. Party notified, filed. (klinds, ) (Entered: 01/31/2013)	Jan. 31, 2013	Jan. 31, 2013 PACER
29	MOTION for Diana Marie Verm to Appear Pro Hac Vice by East Texas Baptist University, Houston Baptist University, filed. Motion Docket Date 3/1/2013. (Rassbach, Eric) (Entered: 02/08/2013)	Feb. 8, 2013	Feb. 8, 2013 PACER
30	ORDER granting 29 Motion for Diana Marie Verm to Appear Pro Hac Vice.(Signed by Judge Lee H Rosenthal) Parties notified.(sbyrum, ) (Entered: 02/15/2013)	Feb. 15, 2013	Feb. 15, 2013 PACER
31	STATUS REPORT by East Texas Baptist University, Houston Baptist University, filed.(Rassbach, Eric) (Entered: 02/15/2013)	Feb. 15, 2013	Feb. 15, 2013 PACER
32	STATUS REPORT by Department Of Health And Human Services, Department Of Labor, Department of Treasury, Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, filed.(Pruski, Jacek) (Entered: 02/18/2013)	Feb. 18, 2013	Feb. 18, 2013 PACER
33	AO 435 TRANSCRIPT ORDER FORM by Jacek Pruski. This is to order a transcript of scheduling conference held on 12/20/12 before Judge Lee H Rosenthal (orginary/first copy). Court Reporter/Transcriber: C. Barron, filed. (jdav, ) (Entered: 03/05/2013)	March 5, 2013	March 5, 2013 PACER

Case: East Texas Baptist University v. Sebelius

4:12-cv-03009 | U.S. District Court for the Southern District of Texas

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